71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 588
A-Engrossed
House Bill 2369
Ordered by the House March 29
Including House Amendments dated March 29
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for the Government Law section of the Oregon State
Bar)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Revises definition of business with which person is associated
for purposes of government standards and practices law.
A BILL FOR AN ACT
Relating to businesses with which a public official is
associated; creating new provisions; and amending ORS 244.020.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 244.020 is amended to read:
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or the person's
relative or any business with which the person or a relative of
the person is associated unless the pecuniary benefit or
detriment arises out of circumstances described in subsection (7)
of this section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
is associated in a nonremunerative capacity.
(3) 'Business with which the person is associated'
means { + : + }
{ - any business of which the person or the person's relative
is a director, officer, owner or employee, or agent or any
corporation in which the person or the person's relative owns or
has owned stock worth $1,000 or more at any point in the
preceding calendar year - }
{ + (a) Any private business or closely held corporation of
which the person or the person's relative is a director, officer,
owner or employee, or agent or any private business or closely
held corporation in which the person or the person's relative
owns or has owned stock, another form of equity interest, stock
options or debt instruments worth $1,000 or more at any point in
the preceding calendar year;
(b) Any publicly held corporation in which the person or the
person's relative owns or has owned $100,000 or more in stock or
another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
(c) Any publicly held corporation of which the person or the
person's relative is a director or officer; or
(d) For public officials required to file a statement of
economic interest under ORS 244.050, any business from which 50
percent or more of the total annual income of the person and
members of the person's household is derived during the current
calendar year + }.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
(7) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person's
relative, or a business with which the person or the person's
relative is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or the person's relative or business with which the
person or the person's relative is associated, is a member or is
engaged. The commission may by rule limit the minimum size of or
otherwise establish criteria for or identify the smaller classes
that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
(8) 'Gift' means something of economic value given to a public
official or the public official's relative without valuable
consideration of equivalent value, including the full or partial
forgiveness of indebtedness, which is not extended to others who
are not public officials or the relatives of public officials on
the same terms and conditions; and something of economic value
given to a public official or the public official's relative for
valuable consideration less than that required from others who
are not public officials. However, 'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when
participating in an event which bears a relationship to the
public official's office and when appearing in an official
capacity, subject to the reporting requirement of ORS 244.060
(6).
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof and the value of the entertainment does not exceed $100
per person on a single occasion and is not greater than $250 in
any one calendar year.
(9) 'Honoraria' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event at which the public official
appears in an official capacity.
(10) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honoraria, return of capital,
forgiveness of indebtedness, or anything of economic value.
(11) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in one or
more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity
of a public official.
(12) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(13) 'Member of household' means any relative who resides with
the public official.
(14) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
(17) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
(18) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
SECTION 2. { + The amendments to ORS 244.020 by section 1 of
this 2001 Act apply to actions undertaken under ORS 244.260 in
which:
(1) A complaint was received by the Oregon Government Standards
and Practices Commission on or after the effective date of this
2001 Act; or
(2) The Oregon Government Standards and Practices Commission,
upon its own instigation, undertakes action on or after the
effective date of this 2001 Act. + }
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